RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00420
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general under honorable
conditions.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was accused of something that he did not do by two airmen. He also
states that there was no investigation of facts presented so he was
railroaded.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the Brief prepared by an
Examiner for the Air Force Discharge Review Board (AFDRB) and the letter
prepared by the appropriate office of the Air Force. Accordingly, there is
no need to recite these facts in this Record of Proceedings.
Applicant’s request for an upgrade of discharge was denied by the AFDRB on
29 September 1955. In accordance with policy, the application was
forwarded to this Board for further consideration. On 9 December 1970, the
Board considered the application and determined that no corrective action
was indicated in this case. The applicant and counsel were notified of the
action of the Board. (Exhibit C)
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., indicated on the basis of the data furnished they were
unable to locate an arrest record (Exhibit D).
On 17 March 1999, applicant was informed to submit documentation pertaining
to post-service activities since his discharged. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. We find no impropriety in the characterization of applicant’s
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge.
Considered alone, we conclude the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. Consideration of this Board, however, is not limited to the events
which precipitated the discharge. We have a Congressional mandate which
permits consideration of other factors; e.g., applicant’s background, the
overall quality of service, and post-service activities and
accomplishments. Further, we may base our decision on matters of equity
and clemency rather than simply on whether rules and regulations which
existed at the time were followed. This is a much broader consideration
than officials involved in the discharge were permitted, and our decision
in no way discredits the validity of theirs.
5. Under our broader mandate and after careful consideration of all the
facts and circumstances of applicant’s case, we are persuaded that
applicant has overcome the behavioral traits which led to the contested
discharge and has been a productive member of society. We recognize the
adverse impact of the discharge applicant received; and, while it may have
been appropriate at the time, we believe it would be an injustice for
applicant to continue to suffer its effects. Accordingly, we find that
corrective action is appropriate as a matter of equity and on the basis of
clemency.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 24 August 1954, he was honorably
discharged and furnished an Honorable Discharge certificate.
The following members of the Board considered this application in Executive
Session on 28 October 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Lawrence R. Leehy, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 9 Dec 70.
Exhibit D. FBI Investigative Report.
Exhibit E. Letters, AFBCMR, dated 17 Mar 99 & 26 Aug 99.
Exhibit F. Letter, Applicant, dated 21 Sep 99, w/atchs.
TERRY A. YONKERS
Panel Chair
AFBCMR 99-00420
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 24 August 1954, he
was honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
The Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request for an upgrade in her discharge on 1 February 1995. The records indicate the member’s military service was reviewed and appropriate action was taken. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 23 August 1989, she was honorably discharged and furnished an Honorable Discharge Certificate.
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